18.32.010 Definitions.
(1) “Adult entertainment” shall mean any dance, amusement, show, display exhibition, pantomime, modeling of any type for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by the performer’s nudity or the exhibition of specified sexual activities, or which emphasizes and seeks to arouse or excite the patron’s sexual desires.
(2) “Adult entertainment business” shall mean an adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic dance studio, more specifically defined as follows:
(a) “Adult arcade” shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panoram, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of nudity or specified sexual activities. “Panoram” or “peep show” means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or by any other means.
(b) “Adult bookstore,” “adult novelty store,” or “adult video store” shall mean a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues; “substantial” meaning 20 percent or more, for any form of consideration, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of nudity or specified sexual activities. It shall be a rebuttable presumption that 20 percent of a business’s stock-in-trade or revenues is considered substantial. An establishment may have other principal business purposes that do not involve the offering for sale or rent of materials depicting or describing nudity or specified sexual activities, and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe nudity or specified sexual activities.
(c) “Adult motion picture theater” shall mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of nudity or specified sexual activities are regularly shown for any form of consideration.
(d) “Exotic dance studio,” also known as “topless bar” and “adult cabaret,” shall mean a nightclub, bar, restaurant, or other commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.
(3) “Specified sexual activities” shall mean:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse, or sodomy;
(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
(4) “Nudity” shall mean the showing of the human male or female genitals or pubic area, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. (Ord. 406 § 1, 2000)